One of the biggest concerns our clients have with their Los Angeles DUI Case, is whether they will have to serve a jail sentence. The answer will depend on several different factors and the argument presented by your Los Angeles DUI Attorney.
Two of the biggest factors the court will consider is the facts of your specific case, and any offenses you may have been convicted of in the past. The best way to understand these is through some examples.
Facts of the case:
A person may be charged for a DUI under two different code sections: California Vehicle Code §23152, and California Vehicle Code §23153.
If a person is charged under California Vehicle Code §23152, it is likely a misdemeanor. If a person has been charged under California Vehicle Code §23153, it is likely a felony. Each code sections gives its own range of possible consequences. The final sentence a person may face will depend on the code section under which they have been charged, their criminal history and the facts of the case.
If a person has been charged under California Vehicle Code §23152, the person may face the following:
Many of our clients that come into our office are worried about having to serve a jail sentence when they have been charged with a DUI. Their ultimate goal in hiring a legal professional is to ensure that they do not have to serve any jail time.
First off, just because a person has been arrested for a DUI, does not mean they have been convicted, or will be sentenced at all. An arrest simply means that an officer had probable cause to believe that the person who was arrested could have been driving under the influence of alcohol and/or drugs. It is just a suspicion, or a belief so to speak. A person cannot be convicted for a DUI until they have been found guilty of a DUI.
In order for a person, to be found guilty of a DUI, they have to enter a plea of guilty. The plea must be entered voluntarily, and freely. The person may also be found guilty through trial. However, for a person to be found guilty it must be found by a Jury or a Judge that it was beyond a reasonable doubt that the person was found driving, and it was beyond a reasonable doubt that the person was intoxicated while driving.
If you have been stopped under suspicion of driving under the influence after you have already been convicted for a previous DUI, your consequences significantly increase.
A second DUI conviction carries with it mandatory jail time and enhanced fees, as well as probation. It is a very serious charge the first time around, but is increasingly significant the second time.
If you had a Los Angeles Criminal Defense attorney represent you on the first DUI case, you understand how important and helpful it is to seek the guidance of a legal expert. You will also understand that a second charge is not worth the risk of representing yourself, since you may be facing jail time.
One of the biggest goals our firm fights hard to achieve for our clients, is to avoid any jail time and to receive the lowest possible sentence. However, if there is a complex criminal history, or the charge is a serious one, jail time may not always be avoided.
Even though jail time may be a part of a person’s eventual sentence, there are creative alternatives that will allow them to avoid serving the time in an actual county jail or state prison. These alternatives are granted as a result of well prepared negotiation and skill with the Judge and Prosecution by an experienced Los Angeles Criminal Defense attorney.
The option of house arrest is available to many people in lieu of serving traditional county jail or state prison. House arrest comes in many forms, including electronic surveillance, house confinement, or home detention.sEach achieve the same goal; to allow a person to serve mandatory time in their own home.
Being arrested is like being kicked in the head by a mule. It probably leaves you dazed and confused for many hours. One of the most important benefits of consulting and experienced DUI and Criminal defense attorney is to understand the potential consequences of the charge you were arrested for.
Every criminal charge has a sentencing guideline set out by the legislature in one of several common places. These include the vehicle code, Penal code, health and safety code and welfare and institutions code.
Although most people think there is a set penalty, that is not true. To be more accurate, there are sentencing ranges set out for each code violation. These typical penalties include summary or unsupervised probation and formal probation where one is assigned a probation officer which oversees your compliance with the terms and conditions of your probation subsequent to a conviction by plea, court or jury trial.
Los Angeles DUI Lawyer Blog